Borough of Wharton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wharton (Ch. XI of the Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform Fire Code — See Ch. 136, Art. I.
Land use and development — See Ch. 165.

§ 110-1 Construction code enforcement agency.

A. 
Establishment. There is hereby established in the Borough a State Uniform Construction Code enforcing agency to be known as "Borough of Wharton Uniform Construction Code Agency," consisting of a Construction Official, Building Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official, and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the enforcing agency.
B. 
Official positions; qualification. Each official position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq., as amended, and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official is qualified pursuant to N.J.S.A. 52:27D-119 et seq., and N.J.A.C. 5:23 to hold each such position.
C. 
Office location. The public shall have the right to do business with the enforcing agency at one office location, except for emergencies and unforeseen or unavoidable circumstances.

§ 110-2 Board of appeals.

The Borough shall utilize the Morris County Board of Appeals as its construction board of appeals.

§ 110-3 Fees.

[Amended 10-19-2009 by Ord. No. O-17-09]
A. 
The fee for a construction permit shall be the sum of the subcode fees listed herein and shall be paid before the permit is issued.
B. 
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Mayor and Council biannually a report recommending a fee schedule based on the operational expenses of the agency and any other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.
(1) 
Building subcode fees shall be as follows.
(a) 
All use groups. For all new construction: $0.07 per cubic foot of building or structure, provided that the minimum fee shall be $60.
[Amended 5-7-2012 by Ord. No. O-09-12]
(b) 
Renovations, alterations, repair and minor work fees:
[1] 
Estimated cost up to $50,000: $20 per $1,000.
[2] 
Portion of cost over $50,001: $12 per $1,000.
[3] 
For combination of work involving new structures and existing structure work, the sum of the fees are computed separately as renovations/alterations/repairs and volume fees.
[4] 
Abandonment of underground storage tanks: $85 per tank.
[5] 
Taking tank out of service, altering the piping or otherwise modifying any installation: $15 per $1,000 of estimated cost of removal.
[6] 
Minimum fee shall be $60.
(c) 
Sign permits. The fee for a permit to construct a sign shall be $2 per square foot of sign, provided the minimum fee shall be $60. In case of a double-faced sign, the fee will be based on one side of face.
(d) 
Plan review fee. The fee for plan review shall be 20% of the amount to be charged for new construction permit and shall be paid before the plans are reviewed. The amount paid for this fee shall be credited toward the amount of the fee to be charged for the construction permit.
(2) 
Plumbing subcode fees shall be as follows:
(a) 
Installation, alteration and replacement of a fixture, stack or water heater: $15 per fixture, provided that the minimum fee is $60. Fixtures are to include all fixtures, pieces of equipment or appliances connected to the plumbing system and for each appliance connected to the gas piping or oil piping system, except as indicated below.
(b) 
Total number of special devices: $40 per device. Special devices include grease traps, oil separators, refrigeration units, utility service connectors, backflow preventers, steam boilers, hot water boilers, active solar systems, sewer pumps and interceptors.
(c) 
Minimum fee shall be $60.
(3) 
Electrical subcode fees shall be as follows:
(a) 
Electrical fixtures and devices. First 50: fee is $40; increments of 25 additional fixtures and devices: fee is $6. Fixtures and devices to be counted for in these items include lighting outlets, wall switches, smoke detectors, fluorescent fixtures, convenience receptacles or similar fixtures and motors or devices of one horsepower (HP) or one kilowatt (KW) or less.
(b) 
The following Subsection B(3)(b)[1] through [4]: for calculating the following electrical fees, all motors except those plug-in appliances shall be counted, including control equipment, generators, transformers and all heating, cooking or other devices consuming or generating electrical current.
[1] 
Each motor or electrical device greater than one HP and less than or equal to 10 HP and for transformers and generators greater than 1 KW and less than or equal to 10 KW: fee is $10 each.
[2] 
Each motor or electrical device greater than 10 HP and less than or equal to 50 HP, for each service panel, service entrance or subpanel less than or equal to 200 amps, and for all transformers and generators greater than 10 KW and less than or equal to 45 KW, and for each utility load management device: fee is $46.
[3] 
Each motor or electrical device greater than 50 HP and less than or equal to 100 HP, for each service panel, service entrance or subpanel greater than or equal to 400 amps, and for all transformers and generators greater than 45 KW and less than or equal to 112.5 KW: fee is $92.
[4] 
Each motor or electrical device greater than 100 HP, for each service panel, service entrance or subpanel greater than 1,000 amps, and for each transformer or generator greater than 112.5 KW: fee is $457.
(c) 
Minimum fee shall be $60.
(4) 
Asbestos abatement fee shall be $70 plus certificate of occupancy fee of $14.
(5) 
Standpipe fee shall be $229 each.
(6) 
Fire equipment and hazardous equipment fees.
(a) 
Smoke detectors, heat detectors and carbon monoxide detector, one to 10: $35; each additional detector: $2 each.
(b) 
Sprinkler heads:
Number of Heads
Fee
1 to 20
$65
21 to 100
$120
101 to 200
$229
201 to 400
$594
Over 400
$900
(c) 
Independent pre-engineered systems: fee shall be $92 per system.
(d) 
Gas- or oil-fired appliance which is not connected to plumbing system: fee shall be $46 per appliance.
(e) 
Kitchen exhaust system: fee shall be $50 per system.
(f) 
Incinerators: fee shall be $64 per incinerator.
(g) 
Crematoriums: fee shall be $365 per crematorium.
(h) 
Minimum fee shall be $60.
(7) 
Demolition or removal permit fees.
(a) 
For a structure less than 5,000 square feet in area and less than 30 feet in height, or for one- and two-family residences (R-3, R-4 use), and for structures on farms: fee of $150.
(b) 
All other structures: fee of $120.
(8) 
Certificates of occupancy fees.
(a) 
Certificate of occupancy for addition: $50.
(b) 
Certificate of occupancy for new residential construction: $200.
(c) 
Certificate of occupancy for new commercial: $250.
(d) 
Certificates of approval: N.J.A.C. 5:23-4.18(f)5.
(e) 
Temporary certificates of occupancy: $30.
(9) 
Elevator fee: Apply to the current fees of the State of New Jersey, Division of Housing and Development, Uniform Construction Code, Elevator Safety Subcode, Subchapter 12.
C. 
Variation fee. Granting a variation for residential: $65; commercial: $100.
D. 
Lead hazard abatement.
(1) 
The fee for lead abatement shall be $140.
(2) 
The fee for lead abatement clearance certificate shall be $28.
E. 
Miscellaneous fees.
(1) 
For cross connections, backflow preventers, public swimming pools, spas and hot tubs which are subject to testing and require annual inspections, the fee shall be $45.
(2) 
All suspensions of permits pursuant to N.J.A.C. 5:23-2.16(b) will not be refunded in whole or in part.
(3) 
The replacement of residential one- or two-family dwelling mechanical equipment shall be a total of $50.
F. 
State training fees shall be pursuant to current regulations of N.J.A.C. 5:23-4.19.
G. 
Engineering fee. For engineering review: $200.
H. 
Special off-hours' inspection fees shall be determined by the Construction Official prior to any inspection and based on request.
I. 
Surcharge fee shall be pursuant to current regulations of N.J.A.C. 5:23-2.28.

§ 110-4 Biannual report on fee schedule.

The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Mayor and Council biannually a report recommending a fee schedule based on the operating expenses of the agency and any other expenses of the Borough fairly attributable to the enforcement of the State Uniform Construction Code Act.

§ 110-5 Surcharge fee.

[Amended 5-4-2009 by Ord. No. O-04-09]
In order to provide for the training, certification, and technical support programs required by the Uniform Construction Code Act and the Regulations, the enforcing agency shall collect in addition to the fees specified above, a surcharge fee of $0.00334 per cubic foot of volume of new construction and of $1.70 per $1,000 of value of construction. Such surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the fiscal quarters ending September 30, December 31, March 31 and June 30, and not later than one month next succeeding the end of the quarter for which it is due. In the fiscal year in which the regulations first become effective, such fee shall be collected and remitted for the third and fourth quarters only.